Buck v. City of Albuquerque

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that an incident commander supervising a police response to a demonstration may be personally liable under a supervisory liability theory for violations of protesters’ constitutional rights caused by officers
• stating that the clearly established inquiry turns on whether defendants had “fair warning that their conduct violated the plaintiff’s constitutional rights” (emphasis added)
• noting that whether police used excessive force in a § 1983 case is generally a fact question best answered by the jury
• explaining that, under New Mexico law, disorderly conduct involves acts likely to cause violence or which disturbs the peace and quiet of community by causing consternation or alarm
• stating that “an officer’s violation of the Graham reasonableness test is a violation of clearly established law if there are no substantial grounds for a reasonable officer to conclude that there- was legitimate justification for acting as she did”
• stating that the Court must “assess [ ] the reasonableness of an officer’s conduct from the perspective of a reasonable officer on the scene, acknowledging that the officer may be forced to make split-second judgments in certain difficult circumstances”

Source: CourtListener parenthetical corpus (CC0).